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2022 DIGILAW 1620 (MP)

Ravi v. State of Madhya Pradesh

2022-12-29

SATYENDRA KUMAR SINGH

body2022
JUDGMENT Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 16.05.2022 in connection with Crime No.288/2022 registered at Police Station-Mahakal, District- Ujjain (M.P.) for commission of offence punishable under Section 49-A of the M.P. Excise Act. 2. Prosecution story, in brief is that on 16.05.2022 applicant was found having 05 bulk litres of spurious liquor in his illegal possession and accordingly case has been registered against him. 3. Learned counsel for the applicant submits that applicant is in custody since 16.05.2022 and there is nothing on record to show that the liquor said to be seized from the possession of the applicant is of spurious. Applicant is no criminal past with regard to the offence punishable under Excise Act. Trial will take time to conclude, and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail. 4. Learned counsel for the respondent/State has opposed the application and prays for its rejection. 5. Having considered the rival submissions, quantity of the liquor said to have been seized from the possession of the applicant and also considering the fact that the report with regard to nature of the liquor is still awaited and also the period of the custody already suffered by the applicant without expressing any opinion on the merits of the case, the application is allowed. 6. It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. 7. This application is allowed and stands disposed of. Certified copy, as per Rules.